Nevada Revised Statutes

Nev. Rev. Stat. § 217.240 (2026)

Recovery by applicant: Subrogation; duty of notice and payment

✓ current as of July 2026
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NRS 217.240  Recovery by applicant: Subrogation; duty of notice and payment.  An applicant who accepts an award does so under the following conditions:

      1.  The State of Nevada is immediately subrogated in the amount of the award to any right of action or recovery the applicant may have against any party, and that right of subrogation may be diminished for attorney’s fees and other costs of litigation in obtaining a recovery from another source; and

      2.  If recovery from any source is obtained for damages caused by the crime, the applicant shall promptly notify the Director of the source and amount of that recovery, and shall promptly pay to the Department the lesser of the amount of the award made pursuant to this chapter or the amount recovered less attorney’s fees and costs. The duty of notice and payment pursuant to this subsection continues until the amount of the award has been repaid to the State of Nevada.

      (Added to NRS by 1969, 1154; A 1975, 1294; 1981, 1671; 1989, 1732; 1991, 770; 2017, 130; 2019, 4150)

     

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1990–2024 · leading case: Canfora v. Coast Hotels & Casinos, Inc., 121 P.3d 599 (Nev. 2005).
Canfora v. Coast Hotels & Casinos, Inc., 121 P.3d 599 (Nev. 2005). “14 This court determined that the Breen off-set formula did not apply to an award obtained under NRS 217.240, the Nevada Crime Fund’s subrogation statute.”
State, Victims of Crime Fund v. Barry, 792 P.2d 26 (Nev. 1990). · cites it 2× “” Former NRS 217.240 (emphasis added). 1 No reduction for costs or fees was provided for by the statute.”
Gee v. State, 140 Nev. Adv. Op. No. 16 (Nev. 2024). · cites it 2× “” NRS 217.240(1). Further, when the victim obtains recovery from any source “for damages caused by the crime,” the victim must “promptly notify the Director of the source and amount of that recovery, and shall promptly pay.”
Gee v. State, 140 Nev. Adv. Op. No. 16 (Nev. 2024). · cites it 2× “" NRS 217.240(1). Further, when the victim obtains recovery from any source "for damages caused by the crime," the victim must "promptly notify the Director of the source and amount of that recovery, and shall promptly pay .”
Columbus (Earl) v. State (Nev. 2013). “2 State Public Defender/Ely State Public Defender/Carson City Attorney General/Carson City White Pine County District Attorney White Pine County Clerk "After the entry of the amended judgment of conviction, VOCP maintains subrogation rights for payments made on behalf of the…”
— Nev. Rev. Stat. § 217.240(1) — 2 cases
Gee v. State, 140 Nev. Adv. Op. No. 16 (Nev. 2024). “” NRS 217.240(1). Further, when the victim obtains recovery from any source “for damages caused by the crime,” the victim must “promptly notify the Director of the source and amount of that recovery, and shall promptly pay.”
Gee v. State, 140 Nev. Adv. Op. No. 16 (Nev. 2024). “" NRS 217.240(1). Further, when the victim obtains recovery from any source "for damages caused by the crime," the victim must "promptly notify the Director of the source and amount of that recovery, and shall promptly pay .”
— Nev. Rev. Stat. § 217.240(2) — 2 cases
Gee v. State, 140 Nev. Adv. Op. No. 16 (Nev. 2024). “” NRS 217.240(1). Further, when the victim obtains recovery from any source “for damages caused by the crime,” the victim must “promptly notify the Director of the source and amount of that recovery, and shall promptly pay.”
Gee v. State, 140 Nev. Adv. Op. No. 16 (Nev. 2024). “" NRS 217.240(1). Further, when the victim obtains recovery from any source "for damages caused by the crime," the victim must "promptly notify the Director of the source and amount of that recovery, and shall promptly pay .”
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